Wisconsin Property Distribution Laws

Wisconsin Property Distribution Issues & Resources

Wisconsin Property Distribution


In a Wisconsin divorce action, property is divided as "community property" state. A Wisconsin Court will presume that all marital property should be divided equally. Each party will be entitled to retain his or her separate property. Separate property is 

  • (1) property inherited by either spouse;

  • (2) property received as a gift by either spouse; or

  • (3) property paid for by funds acquired by inheritance or gift.

A Wisconsin divorce Court may unequally divide property based on the following factors: 

  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

  • the value of each spouse's separate property; 

  • the length of the marriage; 

  • the age and health of the spouses;

  • the occupation of the spouses; 

  • the amount and sources of income of the spouses;

  • the vocational skills of the spouses; 

  • the employability and earning capacity of the spouses; 

  • the federal income tax consequences of the court's division of the property; 

  • the standard of living established during the marriage; 

  • the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment; 

  • any premarital or marital settlement agreements; 

  • any retirement benefits;

  • whether the property award is instead of or in addition to maintenance; (15) any custodial provisions for the children; and (16) any other relevant factor.

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